ROSHANBEN HAJIBHAI DERAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government pleader waives service of rule on behalf of respondent No.-1-State. Learned advocate Mr. Mohsinkhan Koreja waives service of rule on behalf of respondent Nos.5 to 8 .This petition under Article 226 of the Constitution of India is filed by the petitioner with the following prayers:-

(2.) It is the case of the petitioner that the petitioner and respondent Nos. 5 to 8 are brothers and sisters and their father namely Hajibhai Sulemanbhai Deraiya was owner of agricultural land of village Shihor. That during the lifetime of the father Hajibhai Sulemanbhai, names of three brothers i.e. respondent Nos. 5, 6 and 7 were entered on 05.08.2010 and certified on 01.11.2010. While making this mutation entry, affidavits of the sisters i.e. the petitioner and respondent No.8 were relied upon and the affidavits were to the effect of relinquishing their rights into the father's property. It is submitted that based on such affidavit, right of the petitioner was extinguished. Learned advocate for the petitioner draws attention of this Court to the purported affidavit which relinquishes the right and submits that the document in the form of consent/affidavit cannot be treated as a relinquishment deed and could not have been acted upon by the authorities. The petitioner has now disputed the said relinquishment deed and therefore, the petitioner has right to adjudicate the same before the authorities, but the authorities have erroneously rejected the application merely on the ground of delay and accepted such relinquishment deed despite the petitioner has objected to the same.

(3.) It appears that the father Hajibhai Sulemanbhai Deraiya expired on 14.10.2010 and upon presenting the death certificate by respondent Nos. 5 to 7 before the Mamltadar, Shihor alongwith an application, the land belonging to the father of the petitioner was distributed amongst respondent Nos.5, 6 and 7 however, no consent or approval was obtained from the petitioner. The entry was made vide mutation entry No.6364 without following any procedure including issuing of notice under Section 135D of the Gujarat Land Revenue Code (for short "the Code") and the entry was confirmed on 19.10.2016.